Coulson v. Coulson
Supreme Court of Missouri
Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action against defendant. The petition seeks to set the deed aside. The only causes stated are that plaintiffs are the only children of Margaret Coulson, that defendant was not related to her, that the deed was never delivered, that neither plaintiffs or defendant knew of it until after the death of Margaret Coulson.
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Appeal from Adair Circuit Court. — Hon. N. M. Shelton, Judge. (1) Tlie petition does not state facts sufficient to constitute a cause of action against defendant. The petition seeks to set the deed aside. The only causes stated are that plaintiffs are the only children of Margaret Coulson, that defendant was not related to her, that the deed was never delivered, that neither plaintiffs or defendant knew of it until after the death of Margaret Coulson. As it is not essential that a deed to a minor that has been recorded be delivered, or that the minor have knowledge of it, the petition fails…
1Opinion of the CourtValliant, J.
This is a suit in equity to set aside a deed made by the plaintiffs ’ mother in her lifetime. The ground on which the validity of the deed is assailed is that it was not delivered, the ground on which equity jurisdiction is invoked is that the deed, being on record, clouds the title of the plaintiffs.
The land covered by the deed is a farm of 100 acres in Macon county; it was the property of the plaintiffs ’ mother who died intestate, leaving these two plaintiffs her only heirs. The deed is in the words following :
“This deed witnesseth — That Margaret A. Coulson, single, party of the first…
2Cases cited6 opinions
- Kane v. McCownSupreme Court of Missouri · 1874
- Sneathen v. SneathenSupreme Court of Missouri · 1891
- Standiford v. StandifordSupreme Court of Missouri · 1888
- Burke v. AdamsSupreme Court of Missouri · 1883
- Tobin v. BassSupreme Court of Missouri · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bushman v. BushmanSupreme Court of Missouri · 1925
- Bushman v. BarlowSupreme Court of Missouri · 1929
- Jones v. JeffersonSupreme Court of Missouri · 1933
- Flynn v. FlynnIdaho Supreme Court · 1909
- Slagle v. CallawaySupreme Court of Missouri · 1933
1 more not listed; retrieve them via the Exa API.